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Pocket Informant Pro 5

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Subjects > Software > Software License Agreements

Notice to users: carefully read the following legal agreement. Use of the Web Information Solutions, Inc. software provided with this agreement (the "SOFTWARE") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, do not install and/or use this SOFTWARE. User's use of this SOFTWARE is conditioned upon compliance by user with the terms of this agreement.

1. License Grant

Web Information Solutions, Inc. grants you a license to use the included software program (the "SOFTWARE") on any computer or handheld device as long as the terms of this license agreement are respected. "You" means the company, entity, or individual installing or using the SOFTWARE. "Use" means storing, loading, installing, executing, or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. When you first install a copy of the SOFTWARE, you are granted an evaluation period of not more than 15 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your computer. This license is not transferable to any other hardware product or other company, entity, or individual.

2. Ownership

The SOFTWARE is owned and copyrighted by Web Information Solutions, Inc.. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

3. Copyright

The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Web Information Solutions, Inc. and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

4. Unauthorized Use

You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.

5. Bundling

In no case may the SOFTWARE be bundled with hardware or other software without written permission from Web Information Solutions, Inc..

6. Distribution

Distribution of the commercial version (i.e. neither trial nor Freeware) is forbidden without written permission from Web Information Solutions, Inc..

Permission to distribute the SOFTWARE is applicable only to the entity with whom written permission is provided and its subsidiaries. Each entity wishing to distribute the package must independently satisfy the terms of the distribution license.

7. Limited Warranty

THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. Web Information Solutions, Inc. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Web Information Solutions, Inc. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF Web Information Solutions, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.

IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO Web Information Solutions, Inc..

8. Severability

In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

9. No Liability For Consequential Damages

IN NO EVENT SHALL Web Information Solutions, Inc. OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF Web Information Solutions, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Web Information Solutions, Inc.'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

10. Governing Law

This agreement shall be governed by the laws of the Texas excluding the application of its conflicts of law rules, and shall inure to the benefit of Web Information Solutions, Inc. and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a COURT of competent jurisdiction located in Texas. The parties hereby consent to in personam jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

11. Inspection And Testing

You agree and acknowledge that you will thoroughly inspect and test the SOFTWARE for all of your purposes upon commencement of your use. Any suit or other legal action, claim, or any arbitration relating in any way to this agreement or software covered by it must be officially filed or officially commenced no later than 90 days after your first use of the software.

12. Entire Agreement

This is the entire agreement between you and Web Information Solutions, Inc., which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

13. Reserved Rights

All rights not expressly granted here are reserved to Web Information Solutions, Inc..


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